Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ECCO WEBSITE OR MOBILE APPLICATION

Subject to these Terms of Use, ECCO Kuwait Company for the sale of clothing, shoes, and leather goods (referred to herein as "ECCO," "we," "us," and "our") provides you with access to this website (hereinafter referred to as the "Website") and our mobile application (referred to herein as the “App”).

ECCO reserves the right to take any action it deems necessary in the event that it suspects any fraudulent or unlawful activity, including, without limitation, terminating access to the Website or the App, terminating any accounts, and/or cancelling any order for products.

Acceptance of Terms of Use

By accessing, using, and/or purchasing products, subscribing to newsletters, or posting reviews on this Website or the App, you agree to these Terms of Use without limitation or qualification. If you do not agree, please exit and do not access, use, or purchase products on this Website.

These Terms of Use are available via a link at the bottom of each page on the Website or may be accessed from the menu of our App. You may review or print the Terms of Use at any time free of charge. We reserve the right to change these Terms of Use at any time. Please check these Terms of Use before using the Website or App to determine whether a change has been made. Your continuing access to or use of the Website or App confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Website or App.

From time to time, ECCO may supplement these Terms of Use with additional terms pertaining to specific content or events (“Additional Terms”), which may be placed on the Website or App to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

Use of the Website or App

You may browse and use the Website and App solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost, or use the Website or App or any content made available on the Website or App: (i) for public or commercial purposes without the express written permission of ECCO; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation, or order; or (iv) in a manner that could damage, disable, overburden, or impair the Website or App or interfere with any other party's legitimate access to and use of the Website or App. You must not act in a manner likely to misrepresent or damage the ECCO business or brand while interacting with the Website or App.

You will not use the Website or App for junk mail, "spamming" solicitations (commercial or non-commercial), chain letters, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce, or otherwise make available any computer virus, key loggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Website or App in connection with requesting, harvesting, obtaining, or storing any personal information, passwords, account information, or information about other users of the Website or App. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website or App. If you download software or any other content from the Website or App, you do so at your own risk.

Copyright and Trademarks

The Website, App, and all text, audio, video, pictures, music, images, graphics, information, data, content, and other materials displayed on, or downloadable from, the Website or App (the "Content") are the property of, or used with permission by, ECCO Kuwait Company for the Sale of Clothing, Shoes and Leather Goods and/or ECCO Sko A/S and are protected by copyright, trademark, and other laws. They may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce, publicly display, perform, distribute, or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules, and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Website, App, or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

Certain trademarks, trade names, service marks, logos, icons, and domain names used or displayed on the Website or App are registered and unregistered trademarks, trade names, and service marks owned by ECCO Sko A/S and/or our affiliates. Other trademarks, trade names, and service marks used or displayed on the Website or App are the registered and unregistered trademarks, trade names, and service marks owned by their respective owners and used with permission by ECCO. Nothing contained on the Website or App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website or App without ECCO's written permission or the written permission of such third-party owner.

User Communications

You are solely responsible for any communication, message, or other content that you post, upload, submit, transmit, or share with ECCO on the Website or App or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions, or the like (collectively "User Communications").

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. ECCO does not endorse or sponsor any such User Communications submitted by you or other users of the Website or App. We reserve the right to terminate and/or deny you access to the Website or App if we determine, in our sole discretion, that you are violating these Terms of Use, applicable law, rule, regulation, or order, or that your conduct is harmful to us, our interests, or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or any other third party.

Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page on the Website or available in the menu of our App), all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit, or share any User Communications you wish to keep confidential or for which you expect compensation, acknowledgment, or attribution. You hereby grant to ECCO and our affiliates and/or designees, a perpetual, fully paid-up, royalty-free, irrevocable, worldwide license to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation, or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Website or App and have all relevant licenses and consents from any relevant third parties. Further, ECCO and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any User Communication you send to the Website or App for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products.

You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. ECCO will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify ECCO of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.

Personal Information/Privacy Policy

We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy (linked at the bottom of each page on the Website or in the App) for details about what information we collect on this Website or through our App and how we process, store, and share such information.

Termination/Suspension

We may suspend or terminate your use of the Website or App at any time, for any reason, or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Website or App at any time without notice. Additionally, we may cancel any order placed through the Website or App at any time, at our sole discretion.

Linking

The Website or App may contain links to other websites that are not owned, operated, or controlled by ECCO or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely for your convenience. If you use these links, you will leave the Website or App. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third-Party Sites, or the results you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Website or App, you do so entirely at your own risk.
If you intend to create any link from another website to any page on this Website or App, please inform us via email at: customerservice.me@ecco.com.
We reserve the right to prohibit any such link at any time. Any permitted links to the Website must comply with all applicable laws, rules, regulations, and our internal policies. Running or displaying the Website, App, or any Content in frames or similar means on another website without our prior written permission is prohibited.

Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, APP, AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE WEBSITE, APP, AND ANY CONTENT ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ECCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, APP, AND ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ECCO MAKES NO WARRANTY THAT THE WEBSITE, APP, OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE, APP, OR CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE.

ECCO DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE, APP, OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR APP IS AT YOUR OWN DISCRETION AND RISK.

THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability

IN NO EVENT WILL ECCO BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORESEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE, APP, OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, APP, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEBSITE OR THE APP. EXCEPT AS EXPRESSLY STATED ON THE WEBSITE, ECCO MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE OR APP.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Indemnification

Unless prohibited by applicable law, you agree to indemnify and hold harmless each of ECCO, its parents, subsidiaries, affiliates, officers, directors, and employees, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from or related to your use of this Website OR ANY CONTENT, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE, OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

Governing Law and Venue

We provide the services of this Website and App from our offices within Kuwait. We make no representation that the content on our Website or App is appropriate, legal, or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of Kuwait, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any controversy or claim arising out of or relating to these Terms of Use, your use of the Website or App, or your purchase of any products from the Website or App shall be settled by the competent courts of Kuwait.
Notwithstanding any other provision in these Terms of Use, ECCO may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.

Remedies for Breach of these Terms by You

Without limiting any other rights or remedies, in the event that ECCO determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated inappropriate conduct, ECCO reserves the right, in particular, to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Website or App; (iii) discontinue your access to the Website or App; (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which ECCO deems to be appropriate.
If your ability to access and/or use the Website or App or any other service provided to you by ECCO is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Website or App, any other service provided by ECCO, through use of a different member name or otherwise.

Copyright Complaint

We respect the intellectual property of others, and we expect users of the Website or App to do the same. If you believe that your work has been copied and is accessible on our Website or App in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
ECCO SKO A/S
Att.: Group Legal
Industrivej 5
6261 Bredebro
Denmark
or at email: legal@ecco.com
We recommend that claims of copyright infringement are made in writing and include the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(iii) Identification of the URL or other specific location on our Website or App where the material that you claim is infringing your copyright interest is located;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Children

Access to and use of the Website or App is made available only to people who can form legally binding agreements under applicable law. The Website and App are intended for a general audience and are not intended to be used by minor children. Children accessing the Website or App should obtain the permission and assistance of a parent or legal guardian. If you allow a minor or child for whom you are a legal guardian (a "Minor") to access the Website or App, you will be solely responsible for:
(i) The online conduct of such Minor;
(ii) Monitoring such Minor's access to and use of the Website or App; and
(iii) The consequences of any use of the Website or App by such Minor.

Miscellaneous

In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation, or order, or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect.
Any failure by ECCO to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Rather, the same will remain in full force and effect.

You represent to ECCO that you have the authority to access and use the Website or App according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Website or App) constitute the entire understanding between the parties as to the subject matter hereof and supersede all prior agreements and understandings.

Contact Us

We welcome your comments and questions. Please contact us at:
E-mail: customerservice.me@ecco.com
Last updated: 7th March 2023